Also known as: public record · public records · public report · public reports · public records exception · FRE 803(8)
Written by attorneys · grounded in primary & secondary sources — see below
A category of official documents admissible under the hearsay exception in Federal Rule of Evidence 803(8) that includes records of public office activities, matters observed pursuant to legal duty, and factual findings from authorized investigations.
Pearl Porter paid off her mortgage loan in full to Prosperity Investments. The lender filed a satisfaction document with the county recorder. When Pearl later sold the property to Pavel Petrov, the buyer offered the recorded satisfaction as a public record at trial. The court admitted it under the hearsay exception because it documented an official office activity.
Paula Pierce represented a client in a high-profile contract dispute. She told reporters that court filings already on file contained the key contract terms. The statement stayed within the Model Rule exception because it merely repeated information already contained in a public record that would itself be admissible under the hearsay exception.
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Pedro Pacheco sued a federal contractor after an agency investigation concluded that safety violations caused his injury. The plaintiff offered the investigator’s report containing both observations and conclusions. The court admitted the entire document under the public records exception because it resulted from an authorized investigation.
Prime Logistics paid off a senior mortgage on property owned by Precision Tools. By operation of law the senior mortgage passed to Prime. Prime offered the recorded assignment at trial as a public record. The court admitted it under the hearsay exception because it documented an official office activity affecting title.
Penelope Price sought internal agency documents in a challenge to a government policy. The government resisted production by claiming some materials were already available in public records. The court ordered targeted production after confirming that the requested items were not duplicates of existing public records admissible under the hearsay exception.
Peter Park’s prosecutor disclosed during plea negotiations that the defendant’s prior convictions appeared in the public court records. The statement did not violate confidentiality rules because it rested solely on information already part of the public record admissible under the hearsay exception.
Federal Rule of Evidence 803(8) covers records of the activities of a public office, matters observed pursuant to a legal duty, and factual findings from an authorized investigation in civil cases and against the government in criminal cases.
No. The exception applies whether or not the declarant is available to testify.
Yes. Under Federal Rule of Evidence 803(8), factual findings resulting from an authorized investigation include opinions and conclusions when the report is otherwise trustworthy.
…(1972) (cross-examined prior-trial testimony); Comment, 30 La. L. Rev. 651, 668 (1970) ("Properly administered the business and public records exceptions would seem to be among the safest of the hearsay exceptions"). [^maj-9]: The complexity of reconciling the Confrontation Clause and the hearsay rules has triggered an outpouring…